Town Meeting to be set in Wilmington

Selectmen are preparing for a special Town Meeting in December, with the exact date depending on the availability of either Joyce Middle School or Wilmington High School.

At its Nov. 6 meeting, the board mulled the possibility of dates on Tuesday, Dec. 12, or Saturday, Dec. 16, finally settling on 10:30 a.m. on Dec. 16 at either school -- unless neither is available. If this is the case, Town Meeting will be held Dec. 12, at 7 p.m.

The meeting drew more than 60 residents, including those concerned about a possible detox center in town, and a citizen's warrant article calling for zoning restrictions for such facilities.

Initially, the board voted unanimously for Dec. 12 at the middle school. The high school is not available that day. This is due to statutory requirements for advance notice for posting of public meetings. The board then amended the vote, despite Town Manager Jeffrey Hull's concerns about holding Town Meeting so close to Christmas.

Other dates such as closing the warrant at 4:30 p.m. on Nov. 8 and the public hearing to be held by the Planning Board and the Finance Committee on Thursday, Nov. 30 were set to remain in place.

Warrant items

Residents will vote on whether to revise the zoning bylaw, regarding substance abuse detox facilities. They will also consider articles to amend the zoning and so-called inhabitant bylaws regarding recreational marijuana facilities.

Town Counsel John Foskett said the article concerning detox facilities, even if it garners the required two-thirds vote, the bylaw is "virtually certain to be disapproved" by the Attorney General.

Foskett said the attorney general's office refused to approve a zoning bylaw from the town of Millbury seeking to impose a 1,000-foot buffer zone for methadone clinics.

The attorney general ruled those within the law those suffering from drug addiction are "disabled persons." Likewise, "similar uses" such nursing, convalescent or rest home and hospital were not subject to a buffer zone, Foskett said.

Even though Wilmington’s proposed zoning change "specifies the districts in which a ‘detox facility’ can be located as a special permit use," Foskett said doing so would make no difference.

The proposed detox facility, which would be limited to general and heavy industrial zones, is completely different to the other allowed and special permit uses in those districts, proponents argue.

Furthermore, as "similar uses" of hospitals, clinics and nursing homes are allowed in various residential zones, "by singling out substance abuse treatment providers for additional land use restrictions not imposed on similar uses…the by-law facially discriminates against disabled persons."

Foskett said such bylaw changes could also run afoul of federal statutes in the Americans with Disabilities Act and Fair Housing Act.

Foskett said several federal courts have held that zoning measures which single out methadone clinics for treatment different from that given to similar uses violates federal law. Even if adopted, enforcement of the bylaw would likely be barred by a federal court if challenged, Foskett said.

But Selectman Michael McCoy said Foskett's concerns are a "prediction" about something that has not yet happened.

"Our article is different than Millbury’s," McCoy said. "There is no new zoning requirement and we are not banning (a detox facility), we just want to make sure it fits into our town."

McCoy, who had spearheaded the article by citizen's petition for the special Town Meeting, offered another article, asking the board agree to present it as selectmen-supported.

However, the board voted to reject the proposal.

In McCoy's proposed article, all hospitals, nursing homes, etc.—including a detox facility—would be in general and heavy industrial zones, versus the current residential and business district zones. Hospitals and such are currently allowed with Special Permits in all zones except general, heavy and light industrial.

"I get the spirit of it, and you might be on the right track, but I can’t wrap my brain around it (right now) so I’m not prepared to vote on it," said Selectmen Chairman Michael Champoux. "Maybe there is a way to construct the article for the regular Town Meeting."

McCoy, however, asked the residents who turned out at the meeting to stay and sign his petition, as only 100 signatures are needed to get the measure onto the warrant for special Town Meeting.

Marijuana issues

Residents are expected to vote on three related articles. One is to extend a current, temporary moratorium on recreational marijuana establishments from June 30, 2018 to Dec. 31, 2018. Communities that voted in the majority against selling marijuana are allowed to take such actions regarding a moratorium.

Hull said inasmuch as that state regulations are not expected until mid-March 2018, the extension "will give the town time to see what the regulations are and the impacts to communities." Hull said, "I think it’s appropriate to enact a reasonable amount of caution and it seems like the [attorney general] would accept this."

The other two articles concern prohibiting marijuana establishments in all zoning districts, albeit by different ways. One would amend the so-called Table 1 Principal Use Regulation and the other would amend the inhabitant bylaws by adding a new Section 55 to Chapter 5. "It’s not clear which approach is application," said Hull, "so this is a belt-and-suspender approach that would cover" the town.